The Standard Debt Settlement Arrangement. Protocol. July 2014 version

Transcription

1 The Standard Debt Settlement Arrangement Protocol July 2014 version Effective from 14 July 2014

2 TABLE OF CONTENTS Purpose and scope of the Protocol 3 1. Background and purpose of the Protocol 3 2. Scope of the Protocol 3 Transparency and co-operation 5 3. Transparency 5 4. Co-operation with the oversight committee 5 Obligations on Personal Insolvency Practitioners 6 5. Advertising 6 6. Advice 6 7. Costs 6 8. Home equity 6 9. Surplus 7 Verification of information contained in the proposal Assets Income Expenditure Excludable Debts Excluded Debts Use of standard documentation During the Arrangement The Debtor's duties to the Personal Insolvency Practitioner Reduction of Dividends Payment Breaks Windfall Assets Additional Income Breach of the Arrangement Impact on other persons Reporting to Creditors 11 Obligations on Creditors Co-operation with the Personal Insolvency Practitioner Acceptance of Standard Arrangements Use of agents Electronic communications 12 Appendix 1 13 Eligibility Criteria for a Debt Settlement Arrangement 13 Appendix 2 15 List of documents which, where applicable, a Personal Insolvency Practitioner requires from a Debtor when seeking to understand and verify the financial circumstances of the Debtor 15 Appendix 3 17 Post Approval Documentation 17 Annex 1 18 Standard Arrangement Version: July The Standard Debt Settlement Arrangement Protocol July 2014 version Page 2 of 18

3 DEBT SETTLEMENT ARRANGEMENT PROTOCOL Purpose and scope of the Protocol 1. Background and purpose of the Protocol 1.1 In February 2014 a Debt Solutions Protocol Steering Group was established to develop a Debt Settlement Arrangement Protocol which can be used by Personal Insolvency Practitioners when making proposals for standard Debt Settlement Arrangements to Creditors. The steering group is a representative group, its membership reflecting the participants in the Debt Settlement Arrangement process (Debtor, Creditor, Personal Insolvency Practitioner, representative bodies and the Insolvency Service of Ireland). The terms of reference of the steering group and details of its current membership are available on the Insolvency Service of Ireland website: The purpose of the Protocol is to facilitate the efficient handling of standard Debt Settlement Arrangements (as described below). The Protocol recognises that the Debt Settlement Arrangement (the Arrangement ) supports a valid public policy objective by providing debt relief for individuals in financial distress. The eligibility criteria for an Arrangement are set out in Appendix 1. The Protocol also recognises that at the centre of this process there is a person, who needs to understand the process and the associated paperwork as well as the impact that the Arrangement will have on his or her life. 1.3 The efficient operation of the Protocol will be monitored and reviewed by an oversight committee. 2. Scope of the Protocol 2.1 The Protocol provides an agreed standard framework for dealing with model standard Debt Settlement Arrangements in the form attached at Annex I ( Standard Arrangements ) and applies to both Personal Insolvency Practitioners and Creditors who have subscribed to the Protocol. A list of subscribing Creditors and Personal Insolvency Practitioners is provided on the Insolvency Service of Ireland s website: By accepting the content of the Protocol, Personal Insolvency Practitioners and Creditors agree to follow the processes and use the agreed documentation that forms part of the Protocol. A Standard Arrangement is one in which the standard terms and conditions wholly apply. Personal Insolvency Practitioners indicate their acceptance of the content of the Protocol by drawing up a proposal which is based on the standard documentation, and which states that it follows the Protocol. Creditors are expected to abide by the terms of the Protocol in relation to proposals drawn up on that basis. Where a Personal Insolvency Practitioner is proposing a Standard Arrangement they will use the model attached at Annex I. The Protocol does not require that the Debtor has to follow the Protocol process, even though his or her situation may fit within the parameters of a Standard Arrangement. Where this occurs, but elements of the Protocol are still used, this should be highlighted in the proposal (including the Summary) by pointing out the non-standard terms and conditions used in the proposal. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 3 of 18

4 Personal Insolvency Practitioners are encouraged to use as many as possible of the standard terms where these are appropriate to the Arrangement. 2.2 Creditors who are members of the Irish Banking Federation (IBF) have indicated their support for the Protocol process. A list of IBF members and associates can be found at The Irish League of Credit Unions and the Credit Union Development Association have agreed to recommend to their members that they too support the Protocol process. Personal Insolvency Practitioner representatives from the Association of Personal Insolvency Practitioners, the Irish Society of Insolvency Practitioners and individual Personal Insolvency Practitioners support the Protocol. 2.3 The Protocol will be implemented by participating Creditors. Creditors will endeavour to vote in favour of Standard Arrangement proposals or, where unable to do so, will expound to the relevant Personal Insolvency Practitioner why they declined to do so, unless prevented by law or, in exceptional circumstances, by other commercial reasons from disclosing the reason(s). 2.4 It is accepted that an Arrangement is a regulated process under statute, which requires certain work to be undertaken. This work may have a cost unconnected with the size of the debts covered by the Arrangement. 2.5 Personal Insolvency Practitioners and Creditors may not be in a position to comply with the Protocol where compliance would result in a breach of any laws or regulations that may apply to them. 2.6 References to a Creditor in this Protocol apply to both Creditors and the agents who vote on their behalf and act in accordance with their instructions in relation to an Arrangement. 2.7 A Standard Arrangement under this Protocol is suitable for both homeowners and nonhomeowners. Where the Debtor is a homeowner there will be no circumstances in which he or she would be forced to cease to occupy his or her principal private residence. 2.8 A Standard Arrangement under this Protocol is suitable for employees, the self-employed and those who are unemployed. 2.9 References in the Protocol to a section are, unless otherwise stated, references to sections of the Personal Insolvency Act 2012, and reference to the Act are, unless otherwise stated, references to the Personal Insolvency Act Terms used herein and defined in the Act have, unless the context otherwise requires, the meanings set out in the Act. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 4 of 18

5 Transparency and co-operation 3. Transparency 3.1 The Creditor, Debtor and the Personal Insolvency Practitioner are obliged to comply with the requirements of the Act. All relevant details regarding the Arrangement proposal will be disclosed to Creditors, unless such disclosure is prevented by law. 3.2 The proposal should provide an overview of the Debtor s circumstances giving essential relevant information. This should ordinarily include the Debtor s family background, employment background and the reason(s) for his or her current financial difficulties. The overview should include the trigger(s) which led the Debtor to apply for an Arrangement. 4. Co-operation with the oversight committee 4.1 An oversight committee will monitor and review the efficient operation of the Protocol. Information required for this purpose will be determined by the oversight committee. Such information, other than that which is commercially sensitive or which needs to be withheld for reasons of confidentiality, will be provided by any representative on the oversight committee, where requested to do so by the oversight committee. 4.2 Similarly, behaviour which does not comply with the terms of the Protocol may be reported to the oversight committee. The oversight committee will not override existing regulatory procedures. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 5 of 18

6 Obligations on Personal Insolvency Practitioners 5. Advertising 5.1 Advertising by Personal Insolvency Practitioners will conform to any regulations made by the Insolvency Service of Ireland. These will be published on the following website: 6. Advice 6.1 When approached by an individual in financial difficulty, the Personal Insolvency Practitioner will ensure that the individual receives appropriate advice in light of his or her particular circumstances. 6.2 The Personal Insolvency Practitioner will advise the Debtor on the options for addressing his or her financial difficulties, his or her eligibility under the Personal Insolvency Act 2012 to make a proposal for a Debt Settlement Arrangement or a Personal Insolvency Arrangement and the Personal Insolvency Practitioner s opinion as to whether it would be more appropriate for the Debtor to enter into a Personal Insolvency Arrangement or a Debt Settlement Arrangement. 6.3 The advice given should include the other option or options (if any) available to the Debtor and the general effect of any such option or options, including advice relating to: negotiation with a Creditor or Creditors with a view to adjusting the terms of a debt owed to that Creditor or Creditors; becoming a specified Debtor as respects a Debt Relief Notice; and bankruptcy. 7. Costs 7.1 Where a Personal Insolvency Practitioner proposes to recover certain case costs in respect of an Arrangement, these costs should be fully disclosed as far as possible within the Arrangement. 7.2 Costs are only permissible where there is specific necessary expenditure which is both directly referable to the Debtor in question and is payable to a third party who is independent of the Personal Insolvency Practitioner. 8. Home equity (Net worth) 8.1 In developing a proposal the Personal Insolvency Practitioner shall have regard to any material equity in the Debtor s principal private residence. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 6 of 18

7 9. Surplus 9.1 If, at the end of the Arrangement, up to 200 remains in the Arrangement the Personal Insolvency Practitioner will return this money to the Debtor as surplus and this will not affect the Debtor s discharge from the debts covered by the Arrangement. 9.2 If 200 or more remains in the Arrangement the Personal Insolvency Practitioner will pay this money to the Creditors as an increase to their final Dividends under the Arrangement. Verification of information contained in the proposal 10. Assets 10.1 The Personal Insolvency Practitioner should ensure that the value of all the Debtor s assets is appropriately reflected in the Prescribed Financial Statement. This may require independent evidence of valuation to be obtained in the case of material assets. 11. Income 11.1 Income for a PAYE or a self-employed Debtor should be verified by the Personal Insolvency Practitioner having regard to Appendix Where income is uneven or unpredictable (e.g. a Debtor with more than 20% of his or her income coming from bonuses, commissions or other variations) this should be highlighted in the proposal and the Summary Financial contributions from other members of the household to the Debtor should be counted as income of the Debtor. 12. Expenditure 12.1 Reasonable Living Expenses are the amounts of money that the Debtor will use for his or her living expenses before any payment is made to Creditors under the Arrangement The Personal Insolvency Practitioner should take account of the Debtor s expected expenditure levels over the term of the Arrangement and should have regard to the Guidelines on a Reasonable Standard of Living and Reasonable Living Expenses as published by the Insolvency Service of Ireland under section The Personal Insolvency Practitioner will outline in the proposal any anticipated changes in the Reasonable Living Expenses of the Debtor over the duration of the Arrangement (e.g. increasing ages of the dependent children) There should not be unexplained deviation from the Reasonable Living Expenses Guidelines. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 7 of 18

8 12.5 Where additional expenditure is proposed as necessary, for example increased food costs due to special dietary requirements or increased heating bills due to caring for elderly relatives or increased travel costs due to work-related travel, this should be clearly explained in the proposal Where only one adult resides in the household, the Reasonable Living Expenses for that adult and any dependents will be fully attributed to that adult Where two adults reside in the household then it will be presumed that the Reasonable Living Expenses of the household are split equally between them, though a Debtor may rebut this presumption and produce evidence to show that he or she pays a different proportion of these Reasonable Living Expenses Where adults reside together in a house-sharing arrangement, the Reasonable Living Expenses of the Debtor should be based on those of a single person. In such cases, the Personal Insolvency Practitioner should assess the reasonableness of the rent based on the portion which the Debtor pays rather than the rent of the property A Personal Insolvency Practitioner should ensure that he or she is in receipt of sufficient documentation to verify expenditures. In verifying expenses a Personal Insolvency Practitioner will have regard to the documents listed at Appendix Excludable Debts Debts which Creditors have to specifically agree are included in the Arrangement 13.1 Where excludable debts are included in the Arrangement as permitted debts, the Personal Insolvency Practitioner should confirm within the proposal that consent was requested from the relevant Creditor regarding their inclusion and clarify whether this was received or the Creditor was deemed to have consented in accordance with section Where excludable debts are not permitted debts, the Debtor will be obliged to continue to pay these debts outside the Arrangement. The amount payable should be set out in the proposal. 14. Excluded Debts Debts which cannot be included in the Arrangement 14.1 If the Debtor has any liability in respect of excluded debts as defined in the Act, they are not subject to the Arrangement. The Debtor will have to pay these debts in full and the amount payable if applicable should be set out in the proposal Examples of debts which are excluded debts are those arising under court orders regarding payment of a domestic support order, personal injuries compensation or fines. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 8 of 18

9 15. Use of standard documentation 15.1 The use of standard documentation during the proposal phase will streamline the Arrangement process and enable Creditors to quickly identify those cases which are standard and also the key information contained in them For Standard Arrangements, Personal Insolvency Practitioners should use the model Standard Arrangement proposal attached at Annex I. There is no standard format for Part IV of an Arrangement proposal as this will change depending on the individual circumstances of the Debtor though it is expected that a proposal will include a number of common features set out in the sample Part IV attached at Annex I for illustrative purposes only The proposal should indicate clearly that the Arrangement follows the Protocol, that the Standard Arrangement document has been used to formulate the proposal and which version of the Standard Arrangement has been used The benefits of using standard documentation extend to the post-approval phase of the Arrangement. Standard documents for notices of variation, review, failure and completion of a Standard Arrangement have been developed under the Protocol. 16. During the Arrangement 16.1 The Act prohibits the Debtor, either alone or with any other person, from obtaining credit in an amount of more than 650 from any person without informing that person that the Debtor is subject to an Arrangement. 17. The Debtor's duties to the Personal Insolvency Practitioner 17.1 The Debtor must inform the Personal Insolvency Practitioner of any relevant change in his or her circumstances as soon as practicable but no later than 14 days from the change in circumstances. Examples of relevant changes in circumstances include, but are not limited to, moving house, redundancy or financial changes such as an increase or decrease in income or expenditure The Debtor must ensure that all payments he or she is required to make to the Personal Insolvency Practitioner are paid to the Personal Insolvency Practitioner on the date provided for in the Arrangement In accordance with section 81 the Debtor for the duration of the Arrangement will be expected to: give to the Personal Insolvency Practitioner such information and documentation as to his or her assets, liabilities and other affairs which are relevant to the performance of the Debtor s obligations under the Arrangement; engage on a constructive basis with the Personal Insolvency Practitioner; and comply with any reasonable request made by the Personal Insolvency Practitioner for the purpose of carrying out the functions and duties of the Personal Insolvency Practitioner under the Arrangement. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 9 of 18

10 18. Reduction of Dividends 18.1 The Personal Insolvency Practitioner will be able to reduce the Dividends by up to 5% of the total monthly amount represented by the set costs element of the Debtor s Reasonable Living Expenses under the Arrangement. The Personal Insolvency Practitioner will provide a rationale for the reduction of Dividends to Creditors. 19. Payment Breaks 19.1 At the discretion of the Personal Insolvency Practitioner, a Debtor will be allowed Payment Breaks of between two and four months during the term of the Arrangement without the requirement for the Personal Insolvency Practitioner to propose a variation of the Arrangement. Payment Breaks must not be consecutive and are subject to an overall maximum of 12 months Unless the Debtor has previously made good the shortfall (i.e. the amount of the Dividend not paid during the Payment Break), the term of the Arrangement will be extended by the length of the Payment Break so that the Debtor will make the same number of contributions as agreed in the original proposal The Personal Insolvency Practitioner will provide a rationale for the Payment Break to Creditors who are affected by the Payment Break. 20. Windfall Assets 20.1 If the Debtor receives or becomes entitled to receive a windfall asset (in the form of an inheritance, gift or gaming win) of a value greater than 1,000 during the course of the Arrangement, he or she is obliged to make an additional amount available for distribution to the Creditors Where the windfall asset is in the form of a gift or gaming win, the Debtor must make available to the Creditors an amount equivalent to 100% of its net value over 1, Where the Debtor receives an inheritance, the Debtor must make available to the Creditors an amount equivalent to a percentage of its net value which will be specified in Part IV of the Arrangement proposal. 21. Additional Income 21.1 Where the aggregate additional income (after deducting necessary taxes, charges and costs) received from time to time by the Debtor increases by over 100 per month he or she must make available to the Personal Insolvency Practitioner an amount equivalent to 50% of such additional income above 100 for distribution to the Creditors. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 10 of 18

11 22. Breach of the Arrangement 22.1 Where a Debtor is in breach of the Arrangement, for having failed to comply with any of his or her obligations under the Arrangement, the Personal Insolvency Practitioner will require the Debtor to remedy the breach If the Debtor fails to remedy the breach of the Arrangement, the Personal Insolvency Practitioner may either propose a variation of the Arrangement or issue a notice of termination. 23. Impact on other persons What the Arrangement means for persons who may have jointly borrowed money with the Debtor and other persons who may have guaranteed the Debtor s borrowings 23.1 The Arrangement and the discharge of the Debtor upon completion of the Arrangement will not affect any rights that the Creditors have in respect of any liabilities owed by persons other than the Debtor This means that any persons who also borrowed money as a joint borrower with the Debtor or who guaranteed the payment of the Debtor's debts will continue to be liable to the respective Creditors notwithstanding the approval of the Arrangement. 24. Reporting to Creditors 24.1 The Personal Insolvency Practitioner will carry out a review of the Arrangement at least once a year which will include the preparation of a new Prescribed Financial Statement. Following this review a review report to Creditors will be prepared. Obligations on Creditors 25. Co-operation with the Personal Insolvency Practitioner 25.1 Where a Protective Certificate has been issued by the court, Creditors will co-operate with the duly appointed Personal Insolvency Practitioner in relation to the efficient operation of the Arrangement process. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 11 of 18

12 26. Acceptance of Standard Arrangements 26.1 It is understood that one of the aims of the Protocol is to improve efficiency in the Arrangement process and to this extent Creditors and Personal Insolvency Practitioners will avoid the need for modifications of an Arrangement proposal wherever possible. This does not affect the right of Creditors to vote for or against an Arrangement proposal Personal Insolvency Practitioners will endeavour to notify Creditors of the adjudication and issuance of a Protective Certificate by close of business on the next working day following the court ruling. Where a Creditor has agreed, notification will be by electronic mail and will be supported by the Prescribed Financial Statement. The notification will request submissions and, where necessary Proof of Debt. A copy of the Protective Certificate will be forwarded to Creditors once received by the Personal Insolvency Practitioner Creditors will endeavour to return a completed Proof of Debt within 14 working days of receipt of a request for same Personal Insolvency Practitioners will provide Creditors with notification of a Creditors meeting in accordance with the Act and, where applicable, Creditors will endeavour to return a completed proxy form not less than two working days prior to the meeting called to approve the proposal Where a Personal Insolvency Practitioner notifies a Creditor (or the Creditor s nominated agent) that, for whatever reason, the Creditor has received a Dividend payment erroneously, the Creditor (or the agent) concerned will return the payment(s) to the Personal Insolvency Practitioner. 27. Use of agents 27.1 It will be the responsibility of Creditors to ensure that any agents carrying out instructions or acting on behalf of Creditors in relation to a Standard Arrangement do so in accordance with the Protocol Where a Creditor requires communication regarding the debt due or the Arrangement proposal to be sent via its agent, the Creditor should ensure that details of the appropriate contact are provided to relevant Personal Insolvency Practitioners Correspondence issued by Personal Insolvency Practitioners to officials or offices of a Creditor other than the contacts designated under clause 27.2 will be deemed not to have been received by the Creditor. The Insolvency Service of Ireland has a list of the contact details for all Creditors who have subscribed to the Protocol on its website: Electronic communications 28.1 Creditors and Personal Insolvency Practitioners who have agreed to communicate with each other by electronic means, including for the purpose of section 134, are listed on the Insolvency Service of Ireland website: The Standard Debt Settlement Arrangement Protocol July 2014 version Page 12 of 18

13 Appendix 1 Eligibility Criteria for a Debt Settlement Arrangement 1. The debtor has confirmed that he or she is eligible to apply for a Debt Settlement Arrangement. 2. A debtor shall not be eligible to make a proposal for a Debt Settlement Arrangement unless he or she satisfies the following criteria (a) that the debtor (i) is domiciled in the State, or (ii) within one year before the date of the application for a protective certificate has ordinarily (I) resided in the State, or (II) had a place of business in the State; (b) that the debtor is insolvent; (c) that the debtor has completed a Prescribed Financial Statement and has made a statutory declaration confirming that the statement is a complete and accurate statement of the debtor s assets, liabilities, income and expenditure; (d) that the personal insolvency practitioner has completed a statement under section 54 in respect of the debtor; (e) that the debtor is not (i) (ii) (iii) (iv) (v) an undischarged bankrupt, a discharged bankrupt subject to a bankruptcy payment order, a person who is a specified debtor as respects a Debt Relief Notice which is in effect, a person who, as a debtor, is subject to a Personal Insolvency Arrangement which is in effect, or a person who, as a debtor, is subject to an arrangement under the control of the court under Part IV of the Bankruptcy Act 1988; (f) that the debtor has not (i) (ii) been the subject of a protective certificate issued under section 61 less than 12 months prior to the date of the application for a protective certificate, had his or her debts discharged pursuant to section 46(1) less than 3 years prior to the date of the application for a protective certificate, (iii) had his or her debts discharged pursuant to a Personal Insolvency Arrangement less than 5 years prior to the date of the application for a protective certificate, or (iv) been discharged from bankruptcy less than 5 years prior to the date of the application for a protective certificate. 3. The criterion specified in subsection (1)(f) [section 57 of the Act] shall not apply where the debtor has, on notice to the Insolvency Service, made an application to the appropriate court and the court The Standard Debt Settlement Arrangement Protocol July 2014 version Page 13 of 18

14 has made an order stating that it is satisfied that the current insolvency of the debtor arises by reason of exceptional circumstances or other factors which are substantially outside the control of the debtor and that it would be just to permit the debtor to make a proposal for a Debt Settlement Arrangement. 4. A debtor shall not be eligible to make a proposal for a Debt Settlement Arrangement where 25 per cent or more of his or her debts (other than excluded debts and secured debts) were incurred during the period of 6 months ending on the date on which an application is made under section 59 for a protective certificate. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 14 of 18

15 Appendix 2 List of documents which, where applicable, a Personal Insolvency Practitioner requires from a Debtor when seeking to understand and verify the financial circumstances of the Debtor It is not intended that the Personal Insolvency Practitioner will furnish these documents to the Creditors. Where Creditors are in possession of information which contradicts that in the proposal, they will share this information with the Personal Insolvency Practitioner and may request the Personal Insolvency Practitioner to provide them with copies of some or all of the documents listed below in order to verify the information. All types of Debtor: Bank statements: for current / working account 6 months, and deposit / loan accounts the latest annual statement. Confirmation that tax status is current. Where the Debtor(s) has expenses relating to special circumstances, appropriate confirmation of the associated costs. In the case of a medical condition, for example, confirmation from a medical practitioner of the illness, expected duration of the illness and the associated costs should be disclosed. Where the principal private residence has been restructured outside of the insolvency proposal, appropriate details of this arrangement. Details of payments under domestic support orders, other family maintenance agreements or income of any separation / divorce agreement, and any relevant impacting tax treatment. Where there is connected party debt or debt to Creditors other than regulated entities, written confirmation from all parties involved as to the evidence of that liability. Current pension statement(s) advising what contributions are compulsory, vesting date and ability to encash any funds. For Buy To Let property: details of Capital Gains Tax (CGT), if applicable, application of any tax break sections or clawback, and confirmation that all taxes, management fees, etc are up to date. Secured loan payments verification by sight of relevant mortgage or bank statements. Rent verification by sight of rent agreement or relevant bank statement entries. Local property tax verification by sight of local property tax statement or relevant bank statement entries. Vehicle finance verification by means of relevant Hire Purchase / Finance agreement. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 15 of 18

16 Where allowable other financial commitments such as endowment policies, life policies, health insurance and protection insurance verification by reference to appropriate documentation. Schedule of household insurance, if applicable. Employee: Most recent P60 along with last 3 pay slips or, where the Debtor(s) is in receipt of Social Welfare, the latest P60 (if recently unemployed), nature of benefit, evidence of payments and the associated timelines e.g. long term, expiry date etc. Where a person is paid weekly it is sufficient to check a selection of pay slips to cover the 3 month period though this should not be less than 3 months pay slips. In the absence of pay slips (e.g. if they have been lost), income should be verified by reference to bank statements. Self-Employed Debtor: Most recent audited / certified accounts and management accounts for year to date where management accounts are not signed off by qualified accountant then year to date bank statements and / or latest VAT returns may be sought. The financial / management accounts for at least one year, or more if appropriate. Copies of Revenue income tax returns for last two years. A cash flow projection of at least one year, or more if appropriate. The Standard Debt Settlement Arrangement Protocol July 2014 version Page 16 of 18

17 Appendix 3 Post Approval Documentation Outcome of Creditors Meeting Periodic Review Report Payment Break or Reduction of Dividends Variation Proposal Summary Variation Outcome of Creditors Meeting Failure Summary Completion Summary The Standard Debt Settlement Arrangement Protocol July 2014 version Page 17 of 18

18 Annex 1 Standard Arrangement Version: July 2014 The Standard Debt Settlement Arrangement Protocol July 2014 version Page 18 of 18